Loading...
HomeMy WebLinkAboutcc min 1975/09/23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday September 23, 1975 A regular meeting of the City Council of Chula Vista, California, was held on the above date beginning at 7:00 p.m. in the Council Chamber, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Scott, Hobel, Hyde, Egdahl Councilmen absent: None Staff present: City Manager Cole, City Attorney Lindberg, Assistant City Manager Asmus, Director of Planning Peterson, Assistant Director of Public Works Lippitt, Traffic Engineer Sawyerr, Administrative Assistant Aubrey Kesterson, Director of Personnel Overley, Assistant to City Manager Wittenberg, Citizens Assistance Officer Smith The pledge of allegiance to the Flag was led by Mayor Hamilton followed by a moment of silent prayer. APPROVAL OF MINUTES It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried by those present that the minutes of the meeting of September 16, 1975 be approved, copies having been sent to each Councilman. PRESENTATION BY Mr. C. R. Campbell, Port Commissioner, sub- PORT CO~{~ISSIONER mltted his monthly report regarding the activities of the bayfront. Mr. Campbell read a report from Mr. Tom Furley, Environ- mental Management Coordinator for the Port District, regarding the wild life preserve outside the boat basin. This report will be sent out to the parties involved by October 15 for review and then public hearings will be held. Mr. Campbell noted that the navigation channel improvement channel has been approved and the contractor is on site. The engineer estimates that it will take 24 months to accomplish the project. The State Coastal Commission denied the request for reconsideration, after denying the permit, to add a terminal building to Lindberg Field. Mr. Campbell remarked that the Port Commission will take this to Superior Court in San Diego within 10 days and file a writ of mandate asking for a juridicial review of the adminis- trative procedure. City Council Meeting -2- September 23, 1975 (Mayor Hamilton arrived at this time). ORAL CO~B~UNICATIONS There were no Oral Communications. PUBLIC HEARING - In response to two requests for annexation CONSIDERATION OF PREZONING and anticipating additional requests, a 4.46 ACRES,SOUTH OF "L" prezoning action for 4.46 acres, comprising STREET, EAST OF COUNTRY 10 residential lots, was initiated and CLUB DRIVE, TO R-1 submitted to the Planning Commission with a recommendation for prezoning the area to R-1. Planning Director Peterson submitted a written report to the Council giving the background and the analysis for the prezoning recom- mendation. It was the recommendation of the Planning Commission, concurred by the staff, that the area be prezoned R-1. Public hearing opened This being the time and place as advertised, the public hearing was opened. Public hearing closed There being no comments, either for or against, the hearing was declared closed. ORDINANCE NO. 1644 - It was moved by Councilman Hyde that this AMENDING ZONING MAP OR ordinance be placed on its first reading MAPS ESTABLISHED BY SECTION and that reading of the text be waived 19.18.010 OF THE CITY CODE by unanimous consent. The motion carried PREZONING 4.46 ACRES, SOUTH by the following vote, to-wit: OF "L" STREET, EAST OF COUNTRY CLUB DRIVE TO R-1 - FIRST READING AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None CONSENT CALENDAR It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Consent Calendar be approved and adopted. RESOLUTION NO. 7900 - On September 2, 197S, the Council approved ACCEPTING GRITS OF EASE- Change Order No. 1 to the Rosebank Sewer MENT FROM HERBERT A. AND 1911 Improvement Act District contract MARY E. SCHOENFELD, HARVEY for the construction of 331 feet of sewer A. AND MAYDEAN O. HAUGEN, main across private property. The prop- ANTHONY L. AND MARY C. erty owners of 68, ?6, ?8 and 84 "D" RUSSO, FRANK ANTHONY AND Street who are within the district have JUNE AGNES RUSSO FOR granted the necessary easement. SEWER PURPOSES City Council Meeting -3- September 23, 1975 RESOLUTION NO. 7901 - Arrow Electric has completed the installa- ACCEPTING PUBLIC IMPROVE- tion of street lights on Broadway between MENTS - BROADWAY STREET "H" and "I" Streets. A final inspection LIGHTING BETWEEN "H" STREET was made on September 8, 1975 and all AND "I" STREET, GAS TAX work has been performed to the satisfaction PROJECT 204 of the Director of Public Works and the contract dated April 3, 1975. RESOLUTION NO. 7902 - One of the conditions of the tentative map APPROVING AGREEMENT BETWEEN for this subdivision requires the developer THE CITY AND WINDSOR PARK to pay for the improvement of Telegraph ENTERPRISES, INC. FOR THE Canyon Road, Sesame Street and the drainage DEFERRAL OF CERTAIN channel within the boundary of the sub- IMPROVEMENTS WITHIN WINDSOR division which cannot be constructed VIEWS SUBDIVISION because of existing physical conditions. The agreement provides for the deferral of the improvements on these streets and waiver of the right of the owner to object to the subsequent improvements of subject streets and drainage channel if the area is placed within an improvement district. (End of Consent Calendar) RESOLUTION At the meeting of September 16, 1975, the PROVIDING FOR THE staff was directed to bring back a resolu- SPECIAL APPROPRIATION tion appropriating $300.00 to provide for OF FUNDS FOR ENVIRONMENTAL an additional member of this Commission CONTROL COMMISSION to attend the League of California Cities Conference. Request for continuance Chairperson Patricia Keith requested that of action action by the Council be postponed until after the ECC meeting scheduled for September 2S. Ms. Keith noted that the commission had not taken any formal action on this request. Motion to continue It was moved by Councilman Hyde and secon- ded by Councilman Egdahl that this item be continued to the first meeting in October (October 7) as requested by the Chairman of the ECC. Motion to table It was moved by Councilman Scott and seconded by Mayor Hamilton to table the resolution. Discussion of motion Councilman Scott felt the Council should initiate this action, if it feels it is appropriate, rather than have the ECC come back with something that has already been approved - based on information given to the Council (at the previous meeting) was not quite accurate. City Council Meeting -4- September 23, 1975 Motion carried The motion to table the resolution carried unanimously. RESOLUTION NO. 7903 - The amendments to the agreements between APPROVING AGREEMENTS BETWEEN the City of Chula Vista and the County of THE CITY OF CHULA VISTA AND San Diego authorize the County to deallocate THE COUNTY OF SAN DIEGO FOR funds for Title II and VI of CETA. This FIRST AMENDMENT TO THE COM- deallocation was necessary because appro- PREHENSIVE EMPLOYMENT AND priations were not forthcoming from the U.S. TRAINING ACT (CETA) FOR TITLE Congress by the beginning of the fiscal year. II AND TITLE VI The funds have now become available and have been allocated by the County for the City to continue its CETA program through June 30, 1976. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7904 - The amendment received from the County of APPROVING AGREEMENT BETWEEN THE San Diego authorizes the City to hire CITY OF CHULA VISTA AND THE CETA participants under Title VI of the COUNTY OF SAN DIEGO FOR Act. SECOND AMENDMENT TO THE COM- PREHENSIVE EMPLOYMENT AND TRAINING ACT (CETA) TITLE VI FUNDS Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent None RESOLUTION NO. 7905 - Mex-Insur, Inc. has applied for an encroach- APPROVING AGREEMENT BETWEEN ment permit to place a sign within the THE CITY OF CHULA VISTA AND public right-of-way at their property MEX-INSUR FOR THE LOCATION OF located at 99 Bonita Road. The agreement A SIGN IN THE PUBLIC RIGHT-OF-WAY insures the maintenance of the sign and AT 99 BONITA ROAD IN THE CITY conditions for removal. OF CHULA VISTA Sign for Tourist Center Councilman Egdahl asked whether this sign meets the State requirements for tourist centers. City Council Meeting -5- September 23, 1975 City Manager Cole explained that the sign referred to by Councilman Egdahl will be one which the Tourist Center will install and which must meet State requirements. This sign for Mex-Insur has nothing to do with the tourist bureau. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7906 - By Resolution 7875, the Council authorized APPROVING AGREEMENT BETWEEN the deferral of undergrounding certain THE CITY AND PHIL CREASER, utilities by the property owners at 99 ALAN AND HARRIET PRICE, Bonita Road. A condition of the deferral DONALD O'NEAL, WALTER ZABLE was the execution of an agreement by the AND CREIGHTON WEBB FOR property owners to participate in any DEFERRAL OF PUBLIC IMPROVE- underground utility district which will ~ENTS be formed and to waive all right to protest against the formation of an underground utility district at some future date. Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None RESOLUTION NO. 7907 - On June 27, 1975, the Council, by Resolu- PROVIDING FOR THE SPECIAL tion 7807, approved an agreement between APPROPRIATION OF FUNDS TO the City of Chula Vista and Aztec Bus COVER THE COST OF APPROVED Lines to provide Intracity Bus Service AZTEC BUS LINE AGREEMENT for fiscal year 1975-76. The agreement provides for the payment of $178,400 for the contracted bus service. This amount exceeds the amount budgeted by $6,010. Mr. Aubrey Kesterson, Administrative Assistant, explained the need for the additional funds. Bus schedules In answer to Councilman Hobel's inquiry, Traffic Engineer Sawyerr explained that only a few bus schedules have been posted at the bus stops. He will follow through on this. City Council Meeting -6- September 23, 1975 Resolution offered Offered by Councilman Hobel, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Hobel, Hamilton, Hyde, Egdahl, Scott Noes: None Absent: None ORDINANCE NO. 1645 - At the meeting of September 16, 1975, the AMENDING SECTION 5.08.020 City Attorney presented a draft ordinance OF TITLE 5 OF THE CHULA containing a requirement for the posting VISTA MUNICIPAL CODE of property where the owner did not wish RELATING TO ADVERTISING to receive such materials. A second MATERIALS - FIRST READING ordinance has been prepared (as an alter- nate) which would make the distribution of handbills in the face of an objection by the homeowner or occupant of the prop- erty, an infraction, unless the property was posted; in which case, the violation would constitute a misdemeanor. Ordinance placed on It was moved by Councilman Hyde that the first reading ordinance, labeled "Exhibit 1" be placed on first reading and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to- wit: AYES: Councilmen Hyde, Egdahl, Hobel Noes: Councilmen Scott, Hamilton Absent: None Council discussion Councilman Scott voiced his concern re- garding legislation to solve a particular problem - one person complains, then all the people must suffer from over-legis- lation. Councilman Egdahl indicated that at some time in the future, the Council should reconsider the entire ordinance. ORDINANCE NO. 1643 - Upon adoption of the permanent environ- REPEALING ORDINANCE 1429 mental review procedures in April 1973, RELATING TO ENVIRONMENTALLY Ordinance 1429 which is now Section TRIVIAL PROJECTS 17.20.010 of the Municipal Code, should be repealed. ~he ordinance was placed on first reading at the meeting of Sep- tember 16, 1975. City Council Meeting -7- September 23, 1975 Ordinance placed on It was moved by Councilman Hyde that this second reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None ORDINANCE NO. 1641 - The bicycle ordinance was introduced on first AMENDING TITLE 10, CHAPTER reading on September 2, 1975, and estab- 10.72 IN ITS ENTIRETY OF THE lished a license of $1.00 for a five-year CHULA VISTA MUNICIPAL CODE AND period. This was in error and should have REPEALING ORDINANCE NO. 1479 established a three-year license period ALL RELATING TO THE LICENSING consistent with the Vehicle Code. OF BICYCLES AND ESTABLISH- MENT OF LICENSE FEES - SECOND READING AND ADOPTION Ordinance placed on It was moved by Councilman Hyde that this second reading and adopted ordinance be placed on its second reading and adopted and that reading of the text be waived by unanimous consent. The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton Noes: None Absent: None EXECUTIVE SESSION It was moved by Councilman Hyde, seconded by Councilman Egdahl and unanimously carried that the Council recess to Execu- tive Session for pending litigation and that the City Manager and City Attorney be present. The Council adjourned to Executive Session at 7:40 p.m. and the meeting reconvened at 7:57 p.m. HILLTOP DRIVE AND City Manager Cole reported that at tho "H" STREET INTERSECTION direction of the Council, the staff and Police Department have checked out the intersection. Police Report Agent Krumweide stated he suryeyed th~ in- tersection on September 15 and 19 - taking a vehicle and pedestrian count City Council Meeting -8- September 23, 1975 and movement. He found nothing hazardous at the intersection. The only potential hazard was the junior and senior high school students who were disobeying the "walk", "don't walk" and amber and green lights and were caught in the middle of the inter- section when the lights changed. Agent Krumweide added that this same disregard for signalized intersections is found at the other schools in the City. Council discussion Discussion ensued regarding the speed limit in this area, the adequacy of time for the school children to cross the intersection, bicycles that were ridden (not walked) across the intersection, the interconnect system, and installing a traffic detector. Traffic Engineer Sawyerr, in answer to Councilman Egdahl's queries, stated that a detector for East "H" Street was never considered when the system was designed. Motion for traffic It was moved by Councilman Egdahl and sec- detectors onded by Councilman Hyde that the Safety Commission be asked to study the advisa- bility of placing traffic detectors in East "H" Street. Discussion of motion Councilman Scott felt that this would be outside the scope of the Safety Com- mission's responsibilities and expertise. City Manager Cole explained the purpose of the detector. Substitute wording Councilman Egdahl substituted the word "staff" for "Safety Commission" in the motion. Councilman Hyde agreed to the second and the motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Scott, Hobel, Hyde Noes: Mayor Hamilton Absent: None Pedestrian crossing Agent Krumweide stated that between Claire Avenue and Hilltop Drive, 30% of the pedestrians were jaywalking and climbing the wall. City Council Meeting -9- September 23, 1975 REQUEST FOR MINUTE ACTION - The County Board of Supervisors recently LOCATION OF TRAILER FOR took action to pursue purchase of a 20' TEMPORARY USE BY SOUTH x 50' trailer to be used as temporary BAY COURTS office space for the South Bay Court facility located on County owned property adjacent to the Chula Vista Civic Center. The action is contingent upon Council approval. Request approved It was moved by Councilman Egdahl and sec- onded by Mayor Hamilton that the request be granted with the following conditions: that it be granted for a one-year period and that it be subject to review in one year. Suggested amendment Mayor Hamilton suggested the motion be amended to include having the Court put a facade on the trailer that would be in con- formity to the architecture of the Civic Center. Included in motion Councilman Egdahl included this in his motion. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Egdahl, Hamilton, Scott Noes: Councilmen Hobel, Hyde Absent: None Public Works Trailer City Manager Cole stated that the use of this trailer will be for a period of one year - until after the new library is finished and the old building renovated for this department's use. Motion for facade It was moved by Mayor Hamilton and sec- onded by Councilman Scott that the facade of the trailer be such as to blend in with the Civic Center architecture. Speaking against Councilman Hyde felt that requiring a motion facade would be money wasted - the loca- tion of the trailer is up against the Police Department wall (in an area that has no particular attractive beauty). Motion failed The motion failed by the following vote, to-wit: Ayes: Mayor Hamilton, Councilman Scott NOES: Councilmen Hobel, Hyde~ Egdahl Absent: None City Council Meeting -10- September 23, 1975 REPORT ON PARKING In a written report to the Council, the REQUIREMENTS FOR Director of Planning explained that in CHURCHES 1969, the City of Chula Vista increased its offstreet parking requirements for churches from one space per five fixed seats to one space per three and one- half seats. At the meeting of August 26, 1975, Mr. Bob Flaugher, a member of the National Asso- ciation of Evangelicals, requested that the Code be amended to provide that churches be required to furnish one offstreet parking space per seven fixed seats within their sanctuaries. Mr. Peterson stated that the Planning De- partment has studied and reviewed the pro- posal and after a thorough analysis of the matter recommend that the Council retain the one space per three and one-half fixed seats church parking requirement. Motion to accept It was moved by Councilman Egdahl, seconded recommendation by Councilman Hobel to accept the staff's recommendation - to retain the one space per three and one-half fixed seats church parking requirement. R. C. Flaugher Mr. Flaugher spoke of the need for church National Association of services in all communities. He stated Evangelicals that in response to the President's request 3662 Lindberg Street for energy saving, there were now four San Diego buses coming to the church (First Assembly of God) bringing in approximately 60 to 80 people to church. He asked the Council to reconsider its motion and make the parking one space per 7 seats. Motion carried The motion to set the church parking re- quirements at one space per three and one-half seats carried unanimously. APPROPRIATENESS OF On August S, 1975, the First Baptist CO~4UNITY HOUSEHOLDS AS Church, 498 "E" Street, requested the City PRINCIPAL PERMITTED USES Council to allow community households as IN THE R-3 ZONE a principal permitted use in the R-3 zone. The request was referred to staff for report and recommendation. Director of Peterson submitted Planning a written report to the Council in which he detailed the background and analysis of this request. It was the recommendation of his staff that community households not be allowed as principal permitted uses in the R-3 zone. City Council Meeting -11- September 25, 1975 Reverend Ken Pagard Reverend Pagard stated that they would like First Baptist Church to see their "households" be at least a 424 Westby conditional use in the R-1 zone and a Chula Vista regular use in the R-$ zone. He added that the Council's action to abate the use in the R-1 zone presents problems in that there is no place to move to. Reverend Pagard discussed their efforts in trying to buy a home and get a permit in the R-3 zone. Council questions In answer to Councilman Hyde's queries, Reverend Pagard stated that a new couple has moved into one of the homes since the Council has taken action that the use be terminated in the illegal areas; this is a way of life for these people and they will continue this life-style - whether in the R-l, R-3 or outside the City; not sure whether legal action against the City will be taken - they have consulted an attorney. Motion to accept report It was moved by Councilman Hyde, seconded and recommendation by Councilman Egdahl and unanimously carried that the report and recommendation of the Director of Planning be accepted --not to modify the requirement for the conditional use permit in the R-3 zone for extended community households. MAYOR'S REPORT Airport Site Location Mayor Hamilton reported that the County Board of Supervisors, by a 3-2 vote, changed its position on the regional airport issue. Motion for direction It was moved by Councilman Egdahl, seconded by Councilman Scott and unanimously carried that the Council directs its CPO representative to vote for Lindberg Field as the regional facility and to vote for reconsideration of the issue. Councilman Hobel explained that this was an element of the regional transportation plan on October 13 - to reintroduce this issue for consideration will take four or five months. Letters to be written Mayor Hamilton stated he will write the letters to the public entities. City Council Meeting -12- September 23, 1975 RICE CANYON CO~ITTEE Councilman Scott noted that out of the 11 members appointed to this committee, three have already submitted position papers - and this committee has not even met. Committee to meet It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that the Mayor's Ad Hoc Committee as appointed by the Council, be directed to start its meetings as soon as the Mayor deems appropriate. DELEGATE TO LEAGUE It was moved by Councilman Egdahl, seconded CONFERENCE by Councilman Scott and unanimously carried that the Mayor be appointed as Delegate to the League Conference to be held in San Francisco on October 19-22, 1975. RECESS TO REDEVELOPMENT The Council recessed to the Redevelopment AGENCY MEETING Agency meeting at 9:18 p.m. and the meeting reconvened at 9:21 p.m. SEPTEMBER 30 It was moved by Mayor Hamilton, seconded MEETING CANCELLED by Councilman Scott and unanimously carried that the meeting scheduled for September 30 be cancelled and the item on that agenda (HAM Antenna Ordinance) be considered at the meeting of October 7. CONFERENCE REGARDING The Council discussed the report subg- TREES mitted by Councilman Hyde regarding the trees on Whitney and Mankato circle. It was moved by Councilman Scott, seconded by Councilman Hyde and unanimously carried that a Conference be called, as soon as possible in October, to discuss this matter. ADJOURNMENT Mayor Hamilton adjourned the meeting at 9:30 p.m. to the meeting scheduled for October 7, 1975 at 7:00 p.m. .~< ' Cft~ tClef[, CMC D:JF/T:AL